Bicycle Law Reformhttp://bikelaws.org Protecting Your Right To RideFri, 15 Sep 2017 01:46:04 +0000en-UShourly1https://wordpress.org/?v=4.8.1Are Bikes Allowed On The Road?http://bikelaws.org/are-bikes-allowed-on-the-road/ http://bikelaws.org/are-bikes-allowed-on-the-road/#respondFri, 15 Sep 2017 01:46:04 +0000http://bikelaws.org/?p=48For the most part, bikes are allowed on roadways. One of the large exceptions is the interstate. Cyclists are not allowed on the nation’s interstate.

Safety

There is always the question of whether you, the cyclist, wants to be on that particular stretch of road. There are several, twisty, two-lane highways with no shoulders that I frequently rode as a teenage cyclist.

Smart? Not so much. I would regularly be passed by semi trucks trying to avoid weigh stations and dump trucks on their way to deliver gravel or lime to the local farmers.

If you do have one of these stretches of roads, it can make just as much sense to proactively pull to the side of the road when traffic approaches. You can’t guarantee that drivers will play it safe.

Rule Of The Road

Perhaps we will do complete rules of the road post here soon.

One of the key things to remember is that a cyclist is supposed to ride in the same direction as the traffic. This helps them to see walkers and runners and enables them to flow predictably.

When you ride with the traffic, cars can ride slowly behind you and wait for a safe margin to pass. If you violate this, then you force cars to stop in traffic and allow you to pass on the side. This can create an unsafe situation for both you and them.

Learning the proper hand signals can let you communicate with the drivers and give them an indication of the actions you are taking.

We cover it in more detail, but riding abreast is mostly prohibited unless you are in a shared lane. If you are riding abreast, be proactive about getting into single file when vehicles approach.

Finally, stopping for stop lights and signs is one of the basic courtesies of sharing the road. It is challenging to stop on a bicycle as you have to unclip and put a foot down.

However, refusing to obey the law in this area is one of the greatest reasons for officers to issue citations to cyclists. It also tends to foster ill will between drivers and cyclists when drivers watch them ignore signage.

Be Visible

Finally, it almost goes without saying, but burn the dark clothes. Black and brown jerseys are excellent for the Off Road. They are a poor choice for road cycling.

You may not want to wear safety yellow at all times, but choosing jerseys with orange, white and yellow in them can help drivers see you more easily.

I also use a bright flashing LEDs to help increase my visibility, even during daylight riding. Perhaps it is overkill, but for a $40 light that is USB rechargeable, I figure I can’t go wrong.

Sharing the road is about keeping everyone safe. Choose off-peak riding times and plan your course around popular vehicle routes. Cyclists are the slower vehicle, and we owe it to ourselves to get out of the car’s way.

After all, they aren’t the ones who are gonna’ wake up dead if someone makes a mistake.

]]>http://bikelaws.org/are-bikes-allowed-on-the-road/feed/0Philly Opens First One-Way Protected Bike Laneshttp://bikelaws.org/philly-opens-first-one-way-protected-bike-lanes/ http://bikelaws.org/philly-opens-first-one-way-protected-bike-lanes/#respondWed, 30 Aug 2017 17:13:04 +0000http://bikelaws.org/?p=70Space for bike lanes is always at a premium. At best, we are lucky to be allowed to ride on an unprotected shoulder. Occasionally, cities will gives us a lane we can share with the busses and turning cars.

The driving force in this change is Philadelphia’s vision 0 campaign. Philly has one of the highest rates of death per 100k drivers in the nation, with over 100 fatalities in their city every year. It is their goal to redesign the most troublesome spots to make them safer for drivers, cyclists and pedestrians.

This lane is not without its detractors. Philadelphia is still a vehicle-focused location, and drivers are frustrated by having to share the lane with cyclists. Which only underscores the need for more of these dedicated lanes, at least until cars get used to looking out for the cyclists.

I think Philly is onto something. If some of these thourghfares can be made bicycle-friendly, then maybe we can start encouraging more people to ride. Converting 5% of that commuting traffic to bikes could make a huge impact on their safety numbers.

And it is a proven fact that, at least in inner-city locations, cycling can offer a lot of relief to congestion.

]]>http://bikelaws.org/philly-opens-first-one-way-protected-bike-lanes/feed/0New York Outlaws Electric Bikeshttp://bikelaws.org/new-york-outlaws-electric-bikes/ http://bikelaws.org/new-york-outlaws-electric-bikes/#respondFri, 18 Aug 2017 15:55:56 +0000http://bikelaws.org/?p=32New York has been a frustration to the electric bike industry for many years now. While electric bicycles are marketed to those living in large cities as a way to make larger distances and longer commutes a possibility, New York State’s ban on electric bikes in 2004 has made it hard to expand the cycling community past those who are already physically fit or who have short commutes.

The reasoning behind the ban was that the motorized e-bikes move much faster than the standard pedal power cycles that we’ve been familiar with for the last century, which means that when small infractions of bike lane and traffic laws are made the cost is much higher.

However, in places like NYC it’s nearly impossible to work a full-time bicycle delivery job because of the physical strain of it. Pedal assist and small electric motors are incredible ways to cut back on this strain, but maintain the “green” eco-friendly impact of cycling.

In 2002 there was federal legislation passed stating that any electric bike with a top speed of 20mph was to be legally classified in the same group as a non-motorized bicycle. In 2004 New York answered with a state ban on electric bikes being used on any roadways, parking lots, side walks, etc., and also placed a requirement for registration on owning them. This means that, while it’s still legal for the bikes to be purchased under federal law, it’s effectively illegal to ride them in the state.

However, the gray area is pedal assist bikes, and bikes with an option to turn off the motor source and use them as a standard bike. Some interpretations of the law say that you can use a pedal assist bike since it’s technically a bicycle according to federal law, and others feel that it’s acceptable to use the ebike you purchased for your uncle’s back field on the roads as long as the motor is switched off.

But the big news is that it’s beginning to look as though state legislation is going to change. With states like California, Uta, Colorado, Nebraska, Alabama, and Kentucky clarifying their laws to regulate the bikes sensibly, we all hope that New York will quickly follow suit.

In order to do so, they need to adopt a classification system that separates pedal assist motors (which only work when the pedals are in motion to add momentum to the human power) and fully motorized cycles. From there they would be able to educate their enforcers as to what type of e-bike is legal where. Lower traffic areas of the cities could allow commuters to use the fully motorized bicycles while the downtown and large city areas could either maintain a ban or choose how to regulate which bikes are legal options for delivery drivers and commuters.

Once these things are established, I believe that the ebike industry could single handily exponentially grow the cycling community.

But the core problem for places like NYC is their failure to accommodate cyclists. The mayor currently has plans to inflate the cycling community and cut back on the number of motor vehicles in the city. However, until there are bike lanes that can accommodate those numbers, as well as motor vehicle and pedestrian fines for obstructing them, it’s hard to imagine cyclists staying out of the roadways and enjoying an influx of new riders.

While the ebike “crack downs” are almost always because ebikes cause accidents, these accidents seem to mostly occur because of a lack of available, legal pathways for riding.

So, as always, we need to work together as a cycling community to safely and respectfully work inside the laws to show that we are a community worth growing. While riding in “gray” legal areas may not get you ticketed, it isn’t going to help the laws change.

So put on your helmet, use the bike lanes (as long as they aren’t obstructed!), and stay fit!

]]>http://bikelaws.org/new-york-outlaws-electric-bikes/feed/0Group Ride And Bike Race Liabilitieshttp://bikelaws.org/group-ride-and-bike-race-liabilities/ http://bikelaws.org/group-ride-and-bike-race-liabilities/#respondSat, 22 Jul 2017 02:04:19 +0000http://bikelaws.org/?p=57We’ve all signed those waivers that hold the event organizers blameless for injury and even death.

I joke with the wifey that I have to sign a “death waiver” to participate in my sport.

The time may come when you want to put on your event. Are you opening you or your organization up for liability?

Note: This article is not meant to look like legal advice or serve as legal advice. The accuracy of this article is not guaranteed.

Event Insurance

Most coordinators choose to take on liability insurance. This can help you cover yourself against claims by the riders, and, in some cases may also protect the premises that you are renting.

Because of this, some of the event places you work with will require you to have insurance.

Keep in mind that if you are serving liquor, there may be added riders that need to be worked into your insurance. Speak with your insurance provider to sort that out.

Rider Liability

When riders show up on a group ride, they are implicitly agreeing to the risks of their sport. They couldn’t sue you for an accident that occurred on their bike ride, and, in many cases that same type or protection tends to extend to casual club rides.

However, some groups require waivers to be signed, and, just as with the even waivers, you will want to work with an attorney to create an acceptable one.

Racing events have more risks because the course is predefined and riders are pushing as hard as they can. Because of that, some riders only race sanctioned events where insurance is provided by the sanctioning body.

However, avid cyclists would do well to pick up some specific coverage, especially if they tend to travel to events outside of their primary insurance company.

Out-of-network health expenses can add up quickly, and specific coverage that the rider purchases for themselves are the best way to mitigate risks. Encouraging your riders to invest in a private policy may be something that you can encourage them to do.

Automobile Insurance Coverage

Finally, as a cyclist, it makes sense to have underinsured motorist (UM) coverage on your auto insurance plan.

If you are in an accident on your bicycle and the driver of the automobile leaves the scene or does not have adequate coverage, your UM coverage can, in some cases help cover your expenses related to the bike crash.

In these scenarios, it is similar to having an accident while driving a rental car, your coverage extends to the vehicle you are driving, in this case, your bike.

As always, our recommendation is to speak with your attorneys and insurance providers to make sure you are properly covered.

Often referred to as a “bike-path“, most shared use paths are for the use of all travelers not using motor vehicles. Strollers, skate boards, roller skates, wheelchairs, pedestrians, and sometimes even horses are permitted on these quiet roads where cars are restricted.

Unless it’s one of those sacred paths where pedestrians are prohibited, the multi use paths are made for people who are aware of their surroundings and expecting to share.

The general rule of such paths is that faster moving travelers use audible alerts to let those in front of them that they will be passing, and that everyone stay to the far right of their lane unless they are passing a slower traveler.

That doesn’t mean that the use of these pathways is always seamless and safe.

Accidents are uncommon, but not rare in these settings. As with all accidents involving more than one person, liability is determined by fault. No, the cyclist is not automatically assumed guilty if they hit a pedestrian any more than a driver is assumed guilty for hitting a cyclist.

It is possible for a cyclist to be struck by a pedestrian, as unlikely as that sounds. If a pedestrian steps into the pathway of a cyclist without warning and with too little room for the cyclist to stop, they are technically the one striking the cyclist, and not the other way around. Especially if the pedestrian was distracted when they moved into an obstructing position, they are very clearly at fault.

However, cyclists that move into a pedestrian cross walk or out of their designated lanes (often, when a high cycling use is predicted in a shared use pathway, cyclists and pedestrians/wheelchais will have different lanes within the pathway) will generally be considered at fault if they strike a pedestrian in that situation.

These accidents are uncommon, as I said before because cyclists tend to be hyper aware when sharing a pathway with pedestrians. Your own body is at high risk if you are in an accident, and while Hollywood enjoys depicting cyclists going over their handlebars, (https://www.youtube.com/watch?v=ywnS8sUYD6Q)I promise you that anyone on a bicycle is doing all they can to keep that from becoming their reality.

The biggest cause of fault being found in the cyclist seems to be distracted riding. Fitness apps, texting, riding with one hand to talk on the phone — all of these are causes for the cyclist to be held liable. Other reasons the cyclist would have fault is riding while under the influence of drugs or alcohol, riding the wrong way, using a sidewalk instead of a bike lane, not exercising prudence, not announcing your presence when coming behind, not signaling a turn, and etc.

If you were fully aware and were struck by a pedestrian, they will have liability, but if you are acting irresponsibly in a shared use pathway, expect to carry full liability if you harm another person.

Also, be aware of the rules of each specific pathway. It’s likely your pathway has speed limits (It’s pretty easy to speed in a 15mph zone) and know whether or not you have your own designated lane.

As always, wear your helmet and ride safely!

]]>http://bikelaws.org/liability-for-bike-crash-on-shared-use/feed/0Is it Legal To Ride A Bike On The Sidewalkshttp://bikelaws.org/is-it-legal-to-ride-a-bike-on-the-sidewalks/ http://bikelaws.org/is-it-legal-to-ride-a-bike-on-the-sidewalks/#respondTue, 01 Nov 2016 15:21:23 +0000http://bikelaws.org/?p=15Sidewalk laws vary from state to state, and then again from county to county. San Antonio restricts bicycles from side walks as a city wide mandate, while Madison, WI allows them in non-commercial areas, providing cyclists yield to pedestrians and give audible warnings when they are about to pass a pedestrian.

New York City allows for children 12 and under to ride bicycles with a wheel diameter of 26″ or less to ride on sidewalks but requires adults to use road and bike ways. In San Fransisco, the legal age for riding a bicycle on the sidewalk is capped at 13.

As you can see, it’s very difficult to give a represented look at sidewalk laws in the united states because they are different everywhere you go. What is always acceptable is to ride your bicycle on the far right hand side of the road in the same direction as car traffic.

Many cities offer maps of their designated bike paths and bike lanes, such as this one for Springfield, MO — which, incidentally, Springfield allows bicycles on sidewalks in neighborhoods, but not in business districts.

Safe Sidewalk Etiquette for Cyclists

In those areas that allow cyclists to ride on sidewalks designed for pedestrians, there are a few basic disciplines that you need to make habits for the safety of everyone involved:

Pay attention. Put the phone down. Especially in a pedestrian pathway with children on slow bicycles and people walking/jogging and pushing strollers, it is crucial that you be hyper aware of your surroundings and those you are going to pass. 1 out of 10 times that a bicycle wreck with a pedestrian occurs is a fatal encounter.

Be loud. Use a bell or a whistle in conjunction with shouting that you are approaching from behind before passing. A rude amount of noise is better than not informing a person you are about to pass them and having them step into your path.

Slow down. Side walks were not made for bicycle tires and pot holes, cracks, spaces between bits of pavement, ridges, and steps are all part of the sidewalking experience. It’s better to slow down to 6-8mph and take it a bit leisurely. I’ve gone over my handlebars before and I promise you that it’s not an experience you are missing out on if you haven’t tried it yet.

Yield Promptly. Slowing down will give you an advantage on this front, because if it’s legal for you to use it, pedestrians have 100% right of way on sidewalks and cross walks. This is not equal ground like a shared use pathway or a roadway, this is a space that belongs to the pedestrians. Parents expect their toddlers to be safe on a sidewalk and you shouldn’t give them any reason to doubt that that is the case.

Hands Free. Don’t try to carry a lot of parcels and packages on your bicycle unless you have a basket or saddlebags. Trying to navigate around the pomeranian that spies a boxer in the back of a passing truck, or keep from crushing a 5 year old who just spotted a dandilion to pick for his mommy requires both hands on the handlebars. Don’t lose sight of the fact that you are in a shared space.

Be careful. This is always our final point — but the truth is that the entire cycling community is dependant on you being respectful and safe. Each of us must do our part to respect the laws and to treat others with care.

]]>http://bikelaws.org/is-it-legal-to-ride-a-bike-on-the-sidewalks/feed/0Can motorist cross a double yellow line to give Cyclist Space?http://bikelaws.org/can-motorist-cross-a-double-yellow-line-to-give-cyclist-space/ http://bikelaws.org/can-motorist-cross-a-double-yellow-line-to-give-cyclist-space/#respondWed, 22 Jul 2015 15:37:40 +0000http://bikelaws.org/?p=22Some states have such hard and fast double yellow line rules that (literally) cyclist have been struck by cars because they driver had an inability to move over far enough even though they were trying.

While many cyclists would say ‘they should have waited for a passing zone’, (and they would be right) many motorists would say ‘the cyclist should have pulled over and let them pass’, and in many situations, they would be right as well.

This is tragic for the driver, as well as the family, and the situation could easily be avoided with provisions that allow for, like cited in the above article, passing in a double yellow if the cyclist is going half or less of the speed limit, or other such provisions.

While, anecdotally, experienced drivers understand that passing a cyclist safely is the highest priority and that human life is the cost of not honoring the 3′ rule, an inexperienced driver who had just recently had the double yellow rules cemented into their minds would not likely be able to make a judgement call that would protect all travelers.

Kansas has an exception to their driving laws stated as : “When an obstruction exists making it necessary to drive to the left of the center of the highway, except that any person so doing shall yield the right-of-way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within such distance as to constitute an immediate hazard.” That allows for drivers to safely wait to pass a cyclist, and then proceed in passing on the left-hand side, regardless of road markings.

From what we have seen, most states do have similar provisions, and common sense says to treat a slow moving cyclist as any other object in the road. While a double yellow line does say that at no point should you try to pass another motor vehicle, you would still do so if one was broken down in a position that was blocking the road, or if there was a tree branch in the road, or etc.

Many states need to clarify their wordage and add education to their driving courses regarding how to share the road with a cyclist. But until they do, if you note that a driver behind you is reluctant to pass or acting irate, it is probably best to slow down and move off the road as much as possible. Polite drivers who have been educated will not expect or require this of you, but better to not break that record on your fitness app then to have a road raging driver side swipe you as they try to get around you!

]]>http://bikelaws.org/can-motorist-cross-a-double-yellow-line-to-give-cyclist-space/feed/0Cyclists Riding Abreast: The Rules On Lane Sharing and Impeding Traffichttp://bikelaws.org/cyclists-riding-abreast-the-rules-on-lane-sharing-and-impeding-traffic/ http://bikelaws.org/cyclists-riding-abreast-the-rules-on-lane-sharing-and-impeding-traffic/#respondThu, 01 May 2014 15:58:04 +0000http://bikelaws.org/?p=36State laws vary as to the the priority and rights of cyclists on roadways, but many places have very specific laws in place for cyclists riding side by side and what constitutes impeding traffic.

We are gonna dive into some of the basics of lane sharing, traffic impeding, and riding abreast, but before we do I need to clarify: We are not legal authorities, nor do we have the ability to cover the specific municipal codes and location specific laws of the entire nation. Please be aware of your local laws, and always be respectful!

Lane Sharing:

When one or more travelers move to the side of a lane to allow others to pass or ride beside them. Examples include:

a vehicle going under the required minimum that drives on or as close to the shoulder as possible to allow faster vehicles to pass

a vehicle moving to the curb to make a right hand turn to allow overtaking vehicles to continue without stopping for them.

a group of cyclists or motorcyclists traveling in a group rather than in single file

two cyclists riding abreast in one lane to travel side by side

Impeding Traffic

When a driver/operator acts in a way that restricts the normal flow of traffic through irresponsible choices. Examples include:

using a lane to ride below the minimum speed requirement

not allowing a car to pass for a long period of time

stopping in a roadway

Two Abreast Riding

A law regulating how many cyclists can ride beside each other and limiting them to only two. Variations include only allowing two cyclists to ride side by side if they are not impeding traffic, or single file restrictions at all times.

At iamtraffic.org you can easily check your state’s legislation restricting how you are allowed to ride, including mandates covering shoulder use, bike lanes, TOR, and impedement laws.

In 42 of the 50 United States, cyclists are exempt from laws that call “delaying” and impediment by motor vehicles, meaning that if cars have to slow down and wait to pass them they are not considered “impeding”. However, in 8 states there is no exemption, and cyclists are often ticketed for riding slower than the speed limit for motor vehicles.

California has a dichotomy here, with no two abreast law or impediment restrictions, meaning that cyclists can travel in groups on the roadways. BUT they do not have an exemption from cyclists for impediment tickets, so all that is needed for cyclists to find trouble is for a driver to find that they are moving too slowly and feel inconvenienced.

Many states also have laws in place for when a cyclist can rightfully “take the lane” by moving into the center and claiming the entire lane, but some states have no such provisions, meaning that cyclists simply have to wait until there are no cars that would have to wait for them to do something as simple as make a legal left turn.

This is frustrating, at best, but you must be aware of your local laws because you are responsible. You can always lobby, call representatives, and raise awareness, but please do so in a way that reflects positively of the cycling community.